Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Application procedure. A
person wishing to be authorized to issue temporary registration plates shall
apply to the Department on forms furnished by the Department. For a person to
be authorized, the person shall be a resident of this Commonwealth. The
application shall include:
(1) Photographs,
interior and exterior, of the proposed place of business, including branch
offices. The photographs of the exterior shall show the entrance way and signs,
required under subsection (b)(2). Photographs of the interior of the proposed
agent's office shall show the desk, phone, secure area for storage of temporary
cards and plates, and the complete schedule of fees and charges relating to the
issuance of temporary cards and plates, posted in accordance with subsection
(b)(1).
(2) A letter of reference
from a bank or other financial institution which indicates that accounts of the
applicant are handled in a satisfactory manner that is consistent with standard
banking practices.
(3) Three
letters of reference from business concerns, on their business stationery,
attesting to the character of the applicant.
(4) The bond prescribed by §
43.9 (relating to bond), on the
form of the Department, or a surety's binding commitment to issue the bond upon
approval of the application.
(5) A
notarized statement listing outstanding liabilities of the business or of the
owners and officers of the business that are due and owing to the Commonwealth
or, if none, a notarized statement to that effect.
(6) The names, addresses and social security
numbers of owners or corporate officers, and employes authorized to issue
temporary registration cards and plates, of the manufacturer's, dealer's or
full agent's business.
(7) A
criminal history record, obtained from the State Police, of each owner or
corporate officer.
(8) A notarized
statement attesting that the applicant has read and understands this
chapter.
(9) The name, address and
notary seals of a notary who is an employe during all of the hours of
operation. The owner may be the notary.
(10) A schedule of business hours. This
schedule shall contain a minimum of 20 business hours per week, or a minimum of
10 business hours per week plus an additional 10 business hours when a person
may make an appointment. Business hours of operation shall be convenient to the
public and be indicated on the sign required under subsection (b)(2).
(11) A statement that the business location
meets local zoning ordinances and building codes.
(b)
Established place of
business. Authorized dealers and full agents shall maintain an
established place of business. A copy of business records shall be maintained
at the established place of business for 3 years. The following shall be posted
in a conspicuous place in view of the public:
(1) A complete schedule of fees and charges
pertaining to the issuance of temporary registration cards and plates.
(i) The schedule shall indicate amounts
payable to the Department and amounts charged by the issuing agent.
(ii) The schedule shall be at least 3 square
feet in size with lettering at least 1/2-inch high.
(2) The hours during which the place of
business is open to the public.
(3)
The certificate of authorization to issue temporary registration
plates.
(c)
Review of application. The Department will examine and
determine the genuineness, regularity and legality of every application for a
certificate of authorization. The Department may investigate the applicant with
regard to one or more of the following:
(1)
The condition of the applicant's proposed business premises.
(2) Departmental and other Commonwealth
records pertaining to the business of an owner or officer.
(3) The personal history of an owner, officer
or employe related to a conviction for a crime, under 18 Pa.C.S. (relating to
the Crimes Code) or under the penal law of the United States, which involves
moral turpitude or which reflects adversely on the owner's or officer's
business integrity or responsibility.
(4) Unsatisfied judgments against the
business, owner or officer.
(5) The
credit rating of the business and its owners and officers.
(6) The assets and liabilities of the
business.
(d)
Denial of application. The Department may deny an application
for a certificate of authorization on the basis of information revealed in an
investigation, or if the applicant fails to disclose material information
required or if the applicant has made a materially false statement on the
application, or if the applicant's business is operated, managed or otherwise
controlled or affiliated with a person who is ineligible for authorization,
including a relative, family member, corporate officer or
shareholder.
(e)
Opportunity for review. If the Department denies an
application for a certificate of authorization, the Department will provide the
applicant with an opportunity to show cause why the application should not be
denied.
(f)
Temporary
certificate of authorization. After reviewing an application, the
Department may issue a temporary certificate of authorization. The temporary
certificate of authorization will be issued for 60 days, during which period
the Bureau may investigate the operations of the dealer, manufacturer or full
agent. When the temporary certificate of authorization expires, the Bureau may
issue a regular certificate of authorization.
(g)
Issuance of a certificate of
authorization. The Department will issue a certificate of
authorization to an approved applicant.
(h)
Transfer of certificate of
authorization. A certificate of authorization may not be transferred
and shall be valid only for the owner in whose name it is issued.
(1) In the case of a change of ownership, the
dealer, manufacturer or full agent shall notify the Bureau within 10 days. It
is the responsibility of a new owner to comply with this section.
(2) The following are regarded as changes of
ownership:
(i) The owner takes on a new
partner.
(ii) The owner sells the
business.
(iii) The business is
incorporated.
(iv) A controlling
interest in a corporation is sold.
(v) The owner retires or dies.
(i)
Change in
location of place of business. If a manufacturer, dealer or full agent
changes the location of the office, he shall notify the Department within 10
days. Other provisions of this chapter concerning the place of business shall
apply to a change in location of the office. The issuance or transfer of
temporary registration plates may not be conducted at the new location until
the location has been approved by the Department.
